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06-051, Ravi S. Rao and Durgamani V. Bandioc - ~- / AGREEMENT 10255 Lockwood Drive APN: 342-14-016 This AGREEMENT made and entered into this -LL day off between the CITY OF CUPERTINO, a municipal corporation of the Stat designated as CITY, and Ravi S. Rao and Dur2amani V. Bandi, husban hereinafter designatedas DEVELOPER.i^ J'- , 2006, by and of California, hereinafter and wife as ioint tenants WITNESSETH WHEREAS, the DEVELOPER has made application to the CITY to Secure a Building Permit to construct a single family dwelling hereinafter referred to as "Project".WHEREAS, CITY hereby approves the improvement plans and specifications prepared for the Project by Jian Yang, R.C.E, a true copy of which improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full;NOW, THEREFORE, said improvement plans and specifications shall be hereinafter called the Plans", and the work to be done under the Plans shall B. The DEVELOPER shall install and complete the Work in a good and workmanlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be done in accordance with existing ordinances and resolutions of the CITY and in accordance with all plans, specifications, standards, sizes, lines, and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable hereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specifications, plans, size lines and grades as set forth. C. It is further agreed that the Work shall be done in accordance with the most current Standard Specifications of the Department of Public Works, California Department of Transportation, State of California, and in accordance with the specifications of the Cupertino Sanitary District where applicable. Wherever the words "State" or "California Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the CITY of Cupertino; also wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the CITY, and/or the Cupertino Sanitary District, the specifications of the CITY and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 3. EXCAVATION PERMIT It is further agreed that the DEVELOPER shall comply with Section Three of Ordinance No.130 of the CITY by obtaining an excavation permit from the City Engineer before the commencement of any excavation in, or, or under the surface of any existing public street,lane, alley, sidewalk, or other public place. It is further agreed that the DEVELOPER shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 4. QUITCLAIM DEED It is further agreed that the DEVELOPER, when requested by the CITY, shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said project DEVEI ,OPER agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to them for signature.5. BONDS AND OTHER SECURITY A. Upon the execution of this AGREEMENT, the DEVELOPER shall file with the CITY a faithful performance bond to assure his full and faithful performance of this AGREEMENT. The penal sum of said faithful performance bond is as set forth in Part A of the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are to be made under this AGREEMENT, the DEVELOPER shall, in addition to 11. ONE YEAR POWER COST It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part G), which amount represents the power cost for street lights for one year.12. THE INSTALLATION OF STREET TREES It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the City Engineer, plant street trees in conformance with the standards of the City of Cupertino.Variety of tree shall be selected from the CITY approved list.13. PARK FEES It is further agreed that the DEVELOPER shall pay such fees and/or dedicate such land to the CITY, prior to execution of this AGREEMENT, as is required within Section 18-1.602,Park Land Dedication, Cupertino Municipal Code, and which is further stipulated under Part J, Page 2 herein. Fees are also in accordance with action adopted by the City Council on March 19, 1991 and Chapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code 14. MAINTENANCE OF WORK It is further agreed that the DEVELOPER shall maintain the Work until all deficiencies in the Work are corrected to conform to the Plans and the City Standards and Specifications for the Work. The DEVELOPER shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY, all defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said Work.15. SANITARY DISTRICT It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the DEVELOPER has submitted plans for review by the District and that sanitary sewers are available to serve all lots within said Project.16. GOVERNMENT COSTS It is further agreed that the DEVELOPER shall file with the CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 22. SUCCESSORS This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and transferees of the DEVELOPERS. The assignment of this AGREEMENT shall not be made without approval by the City Council of the City of Cupertino.IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and said DEVELOPER has hereunto caused their name to be affixed the day and year first above written.CITY OF CUPERTINO:City Clerk DEVELOPER:C? & A-> .~ ct.^--/ ~ ~a i S. Rao L(I U II0 LC- DAA'u Dur mani V. Bandi Notary Acknowledgement Required Exhibit A Attached REC O RDI NG REQU ES T E D BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue C upertino , CA 95014-3255 DOCUMENT: 19849869 II II Ill I II II II IIII II II II II RE GINA AL COM END RAS SANTA CLARA COUNT Y RE CORDER Re co r ded at the request o f Cit y Pages: 3 Fees T No Fee s Taxes . Copies . AMT PAID RDE ft 00 4 5 /12 /2008 3 :54 PM (SPACE ABOVE THIS LINE FOR RECORDER 'S USE) NO FEE IN ACCORDANCE Jf1TH GOV. CODE 6103 CERTJFICA TE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION RAVI S. RAO AND DURGAMANI V. BANDI 10255 LOCKWOOD DRIVE APN# 342-14-016 D For Fast Endorsement CUPERTINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPART MENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls , Jr., Director of Public Works and City Engineer of the City of Cupertino , California, do hereby certify that certain municipal improvements in conjunction with the following project: RA VIS. RAO AND DURGAMANI V. BANDI 10255 LOCKWOOD DRIVE APN 342-14-016 have been completed in accordance with the approved improvement plans and acceptance of completion was ordered by the City Council on May 6, 2008. ~~ub~o~fl Uc <J City E ngineer of the City of Cupertino Date: May 8, 2008 "NO FEE" VERIFICATION I have reviewed this Ce1iificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete . I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 6th of May 2008 ::tt Cupertino, California. ar City City of Cupertino